First Regular Session Sixty-eighth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 11-0390.01 Troy Bratton HOUSE BILL 11-1012 HOUSE SPONSORSHIP Casso, SENATE SPONSORSHIP (None), House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the ability of an unaffiliated eligible elector to cast the primary ballot of a political party without declaring affiliation to the political party. Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.) Current law allows an eligible elector to vote in a primary election if the elector is affiliated with a political party or if the elector declares affiliation with a political party prior to or on election day. The bill allows an eligible elector who is unaffiliated with a political party to request to cast the ballot of a political party in a primary election without declaring affiliation to the political party. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 1-2-219 (1), Colorado Revised Statutes, is amended to read: 1-2-219. Changing or withdrawing declaration of affiliation. (1) Any eligible elector desiring to change or withdraw the elector's affiliation may do so by completing and signing a prescribed request for the change or withdrawal and filing it with the county clerk and recorder or by submitting a personal letter written by the elector to the county clerk and recorder at any time up to and including the twenty-ninth day preceding an election. The prescribed form or personal letter for the change shall include the elector's printed name, address within the county, birth date, social security number, if the elector wishes to state it, and signature, the date, the elector's previous affiliation status, and the requested change in affiliation status. A prescribed form shall be furnished by the county clerk and recorder upon the elector's oral or written request. Upon receiving the request, the county clerk and recorder shall change the elector's affiliation on the registration record. If the affiliation is withdrawn, the designation on the registration record shall be changed to "unaffiliated". If an elector changes or withdraws his or her affiliation, the elector is entitled to vote, at any primary election, only the ballot of the political party to which the elector is currently affiliated or, if unaffiliated, only the ballot of the political party requested by the unaffiliated elector pursuant to section 1-7-201. A change or withdrawal of affiliation may not be made by anyone other than the elector. SECTION 2. 1-5-615 (1) (h), Colorado Revised Statutes, is amended to read: 1-5-615. Electronic and electromechanical voting systems - requirements. (1) No electronic or electromechanical voting system shall be certified by the secretary of state unless such system: (h) In a primary election, permits each elector to vote only for a candidate seeking nomination by the political party with which the elector is affiliated or, if unaffiliated, only for a candidate seeking nomination by the political party whose ballot is requested by the unaffiliated elector; SECTION 3. 1-7-201 (1) and (2), Colorado Revised Statutes, are amended to read: 1-7-201. Voting at primary election. (1) Any registered elector who has declared an affiliation with a political party, that is participating in a primary election and any registered elector who is designated as unaffiliated, who desires to vote for candidates of that a political party that is participating at a primary election shall show identification, as defined in section 1-1-104 (19.5), and write his or her name and address on a form available at the polling place and give the form to one of the election judges, who shall clearly and audibly announce the name. (2) (a) If the name is found on the registration list, the election judge having charge of the list shall likewise repeat the elector's name and, in the case of an elector who has declared an affiliation with a political party, present the elector with the party ballot of the political party affiliation last recorded. (b) If unaffiliated, the an eligible elector who wishes to vote in the primary election shall: (I) If the elector wishes to affiliate with a political party, openly declare to the election judges the name of the political party with which the elector wishes to affiliate, complete the approved form for voter registration information changes, and initial the registration list in the space provided; Declaration or (II) If the elector wishes to remain unaffiliated, openly declare to the election judges that the elector does not wish to affiliate with a political party, the name of the political party whose candidates the elector intends to vote for, and initial the registration list in the space provided. (c) Upon a declaration by an elector pursuant to paragraph (b) of this subsection (2), the election judges shall deliver the appropriate party ballot to the eligible elector. (d) Declaration of affiliation with a political party pursuant to subparagraph (I) of paragraph (b) of this subsection (2) shall be separately dated and signed or dated and initialed by the eligible elector in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. Eligible electors who decline to state an affiliation with a political party that is participating in the primary shall not be entitled to vote at the primary election. SECTION 4. 1-7.5-107 (2.3) (b), (2.3) (c), (2.5) (a) (II), and (3) (a) (II) (B), Colorado Revised Statutes, are amended to read: 1-7.5-107. Procedures for conducting mail ballot election - primary elections - first-time voters casting a mail ballot after having registered by mail to vote. (2.3) (b) The notice shall indicate that the unaffiliated elector has the ability to and must may affiliate with a political party in order to and vote in the primary election or that the unaffiliated elector may notify the county clerk and recorder that the elector wishes to remain unaffiliated but would like to receive the primary ballot for a particular political party. (c) The notice shall have a returnable portion that allows the elector to request affiliation with a political party or to request to remain unaffiliated but receive the primary ballot for a particular political party. (2.5) (a) (II) If a primary election is conducted as a mail ballot election pursuant to this article, in addition to the items described in the notice required by subparagraph (I) of this paragraph (a), such notice shall advise eligible electors who are not affiliated with a political party of the ability to that the elector may either declare an affiliation with a political party or may remain unaffiliated, request the primary ballot for a particular political party, and vote in the primary election. (3) (a) (II) (B) If a primary election is conducted as a mail ballot election for a minor political party candidate, the mail ballot packet shall be mailed only to those registered electors described in sub-subparagraph (A) of this subparagraph (II) who are affiliated with the minor political party of such candidate and to any unaffiliated elector who has requested the ballot of the minor political party pursuant to section 1-7-201. SECTION 5. 1-8-104 (1) (b), Colorado Revised Statutes, is amended to read: 1-8-104. Applications for mail-in ballot. (1) (b) If the application is made for a primary election ballot, the application shall name the political party with which the applicant is affiliated, or the political party with which the applicant wishes to affiliate, or the political party's ballot that the elector wishes to vote and remain unaffiliated. SECTION 6. 1-8.5-101 (5), Colorado Revised Statutes, is amended to read: 1-8.5-101. Provisional ballot - entitlement to vote. (5) Any unaffiliated elector at a primary election may cast a regular party ballot upon openly declaring to the election judge the name of the political party with which the elector wishes to affiliate pursuant to section 1-2-218.5 or 1-7-201 or by openly declaring that the elector wishes to remain unaffiliated but wishes to vote the primary ballot for a particular political party pursuant to section 1-7-201. SECTION 7. Act subject to petition - effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly (August 10, 2011, if adjournment sine die is on May 11, 2011); except that, if a referendum petition is filed pursuant to section 1 (3) of article V of the state constitution against this act or an item, section, or part of this act within such period, then the act, item, section, or part shall not take effect unless approved by the people at the general election to be held in November 2012 and shall take effect on the date of the official declaration of the vote thereon by the governor.